720 likes | 731 Views
Learn about FDLA's operations, a client's legal rights, and the importance of volunteerism in protecting vulnerable individuals from coercive police tactics and false confessions. Gain unique legal experience and contribute to the movement for justice.
E N D
Agenda • FDLA’s Operations • A Client’s Legal Rights • The Visit: Broken Down • Special Issues • Q & A
FDLA History • Since 1995, FDLA has operated a 24-hour police custody hotline • The hotline was started by criminal and civil rights attorneys who saw indigent suspects’ cases compromised by confessions and lack of access to counsel during the interrogation process
FDLA Today • Today FDLA is comprised of two sides, the Street Law Team and the Hotline Team • The Hotline is currently staffed by Staff Attorneys, VISTA Attorneys, and you, with help from the public defender’s office. • Without support from our volunteers, most hotline hours would fall to a handful of staff attorneys.
Benefits of Volunteering • Unique Legal Experience • Attorney Referrals • Flexible Scheduling • Work Remotely • Contribute to the movement for police accountability • Protect vulnerable persons from coercive police tactics
What Happens When Arrestees DON’T Have Access to an Attorney
False Confessions • Nearly 1 in 4 of the nation’s recorded false confessions come from Cook County • Almost 1 in 3 U.S. convictions overturned due to DNA evidence involved a false confession • Many of these confessions are products of long interrogations where the accused is alone with police and repeatedly told evidence supports their guilt
Reasons for False Confessions • Duress • Coercion • Intoxication • Diminished Capacity • Mental Impairment • Youth • Ignorance of the Law • Fear of Violence • The Actual Infliction of Harm • Jon Burge • The Threat of a Harsh Sentence • Misunderstanding the Situation
Why FDLA? • The first 48-72 hours in custody are critical • Police coercive tactics • False confessions • Lack of information given to arrestee by the police • Lack of transparency in the investigative process • Other constitutional rights violations
Volunteer Shift • Hotline operates 2/7/365, including holidays • The ask: one 4-hour shift/month; 48 hours notice • Public Defender covers M-F, 8am-4pm, and most countywide calls via 844-817-4448 • Calls transferred from hotline to your personal cell phone • Number is only shared internally • You can block your number with prefix *67 • Always a back-up attorney on-call for questions
We Have Your Back • It is always appropriate to call your supervising attorney with questions or issues during your shift • You might contact your supervising attorney if: • Your car breaks down on the way to a station visit • Multiple calls come in one after the other • You encounter police resistance and want guidance • You have questions about FDLA procedure • You have other questions about station protocol • You need to share status of a client still under investigation.
725 ILCS 5/103-4: Right to An Attorney • Accused is guaranteed the right to consult with a licensed attorney in private • People v. McCauley: Attorneys at the station must be allowed access to client. • Client does not need to know/request the Attorney. • Police must notify client (See CPD General Order 06-01-04: Arrestee & In-Custody Communications ) • People v. Chapman: Attorney must be “physically present” and “immediately available”
General Administrative OrderNo. 2017-01 • Chief Judge Timothy Evans’ March 2017 Order • “…when an arrestee or other person not represented by counsel is held in police custody and requests court-appointed legal representation… [the Public Defender or FDLA] shall be deemed appointed by the court as defense counsel…”
725 ILCS 5/ 103-3: Right to communicate with attorney and family • “a reasonable number of telephone calls… within a reasonable time” • Law v. Reality - Most calls to the hotline come from friends or family. • Right to communicate is renewed at potential new place of custody
STEP BY STEP GUIDE TO ADVOCATING FOR INDIVIDUALS HELD IN POLICE CUSTODY
Taking the Calls • When taking the initial call, you need to get the following pieces of information: • The caller’s name • The caller’s call back number • The caller’s relation to the client • The client’s name and correct spelling • The client’s age or date of birth • Where the client is in custody or the area of arrest and the timing of the arrest
Step 2: Locating the Client • Chicago is split into 22 Police Districts and three Police Detective Areas • Suspects are normally taken to nearest District except in the case of certain felonies • Be prepared with the correct spelling of the client’s name and date of birth or age. • Even if caller has a good reason to believe client is at a particular station, verify first
Step 2: Locating the Client: Checklist • Call District where caller believes client is held • Call nearby police Districts and Detective Areas • Call Central Booking – (312) 745-5202 • Call nearby hospital emergency rooms • Call 24-Hour Desk at Homan Square – (312) 746-7510 • If client is juvenile arrested in 002, 007, 008, 009, 010, or 021, call Juvenile Intervention and Support Center – (312) 747-3934 • If you run into issues, call your supervising attorney
Step 3: Is a Station Visit Necessary: Priorities • 1st Priority: Felony investigation, juvenile or adult; also, medical emergencies • 2nd Priority: Juvenile in custody • 3rd Priority: Adult, already charged, and injured in custody or not receiving medical evaluation or treatment • 4th Priority: Adult already charged • Station visits for Juveniles are always necessary.
Step 3: Is a Station Visit Necessary: Final Notes • For Adults, if they are going to be released on I-Bond in an hour, a station visit is not necessary • If you are told a client is I-Bonding out, call back after the hour to ensure client was released
Step 4: What to Bring: The Basics • What to bring to the station: • Driver’s license • ARDC/711 license • Volunteer manual supplement • Pens • Call sheet or paper for note-taking • FDLA card • FDLA Declaration of Rights (DOR) Forms • Watch (not cell phone) to check and record time • Do not bring your phone back to see clients
Step 5: The Visit: Notetaking • Log time of each occurrence • Log the name and badge number of every officer you speak to • Log all significant events
Step 5: The Visit—Primary Types • Misdemeanor/Some Felony: CPD District Station • Most Felony: Police Area Headquarters • Juvenile/Medical visit: JISC/Hospital
Step 5: The Visit—Misdemeanors • The officer will book the suspect • The suspect’s fingerprints are run through the system • An I-bond may be issued if prints clear • “Verified Gang member” status • No I-Bonds granted • Note this on call sheet • May be offered a Cash Bond
Step 5: The Visit—Felonies • Most felonies at Detective Areas • Lower level felonies at Districts • Investigation can include: • Client interrogation, witness interviews, line-ups, a search for physical evidence, line-ups & photo identifications • Detectives have 48-72 hours to charge an adult suspect • If they exceed this time, call your supervising attorney • Ask detectives to read your client their rights on video and record client using Magic Words
Step 5: The Visit—Felony Review • For higher level felonies, Detectives will have to call the State’s Attorney’s Office to approve the charges • The ASA will often also interview the suspect themselves • In rare cases, police override Felony Review
Step 5: The Visit—Check-in • When you arrive, check in with the Desk Sergeant (District/Misdemeanor) or Detective (Area/Felony) • If visiting a client at a Detective Area, ask an Officer to call upstairs to Detectives. • Give credentials and ID and they will fill out visitation form. • Ask the Detective or Sergeant what charges the client is facing, whether they have been approved, and whether the client is being released on an I-Bond. • Ask the Detective whether they interviewed the client, are looking for witnesses, or have called Felony Review.
Step 5: The Visit—711 Addendum • Send back 711 Consent Form with Attorney Visitation Form • Get consent before interview • Client must sign form before interview proceeds
Step 5: The Visit—What to say • Explain who contacted you to ease into conversation • Explain scope of representation—only in CPD Custody • Do not discuss details of client’s case • Possible questions: • “What time were you arrested?” • “Are you hurt?” (If so, fill out injury log.) • “Have you eaten?” • “Did you give a statement or answer any questions?” • “Did they give you access to the phone? When?” • “Is it okay if I talk to your friends/family about this, and is there anything you want me to tell them?”
Step 5: The Visit—Magic Words • To any questions by police, arrestees should say: • “I will not talk.” • “I want my lawyer.” • Role-play this scenario with your client • (This does not mean someone cannot ask for water, bathroom, phone calls, medical attention, and similar.)
Step 5: The Visit—De-escalation • The person you’re seeing may be in crisis • Police tactics are designed to produce uncertainty, isolation, and hopelessness • Possible steps to combat this: • Reinforce connection with the outside world—your brother/sister/mentor/friend called FDLA for you • Make sure to reality-check your client by providing information about the process—an arrest is not a charge, a charge is not a conviction, you will have the opportunity to defend yourself in court
Step 5: The Visit—Injury Log • For any client who reports injury • Log all reported injuries, regardless of visibility • Do not mention if an injury is not visible in report. • Make sure to not put any information in the report that could subject the client to an aggravated battery charge.
Step 5: The Visit—Client Medical Treatment • If a client has a pressing medical issue, inform police and have your client request treatment, using specifics • If you believe a client is suicidal, speak with desk sergeant & superiors, if necessary, and make sure client is protected. • Medical issues require police to transport client to ER. Advocate for medical help as much as possible, but client may be required to request it. • Family/friends may bring medication to ER or station, but there is no guarantee police or doctors will allow its use.s
Step 5: The Visit—DOR • Explain the DOR to the client and get their signature • At Districts, you will have to ask an officer to take the DOR to your client. • A DOR informs the client of their rights and provides Notice of their assertion of them. • Serve DOR on police. Keep the white copy for FDLA, give yellow to police for their file and pink for the client’s file. • If officer refuses to sign, indicate “refused”
Step 6: Follow-up—Update Caller • After visit, update family/friends (as requested) • Tell them to call FDLA if police try to take others in for investigation • Advise callers against voluntarily going to station if they are asked
Step 6: Follow-up—End of Shift • After updating caller, report all information about any client still in custody to staff attorney. • Fill out call sheets and email with DORs, injury logs, etc. to fdlegalaid@gmail.com and your supervising attorney within 24 HOURS of the end of a shift. • Mail original (white) copies of DORs to FDLA’s office at 5100 W. Harrison Chicago, IL 60644.
What’s next? • Staff attorneys follow-up with client and caller if investigation is ongoing • Client paperwork is uploaded • Client paperwork is transferred to trial counsel • Policy work continues
WHAT WILL YOU ENCOUNTER? SPECIAL ISSUES IN POLICE INVESTIGATION AND CRIMINAL PROCEDURE IN CHICAGO AND COOK COUNTY
Juveniles • 17 and younger = minor • Parent or Guardian must be contacted, but needn’t be there for you to represent client • Youth officer must be present • Reads youth version of Miranda • Just another police officer with a different name—does not have child’s best interests
Juvenile Processing • Juveniles 12-17 may be detained 24 hours for serious offenses. • Juveniles under 12 may only be detained 6 hours
Juvenile Processing • Questioning may proceed without guardian • Police do not need to tell the parent whether the juvenile is a suspect or charged • Juveniles particularly vulnerable to coercive police tactics • If minor gave statement before your arrival, find out what role youth officer played • If a parent is present the child might be released to their care • Parents should not participate in interrogations
Representing Juveniles • Advise parents not to encourage child to talk and limit their access to child. • Parents should not be present while you speak to child • Breaks Privilege • Can be called as a witness against their child. • May tell child to make a statement • Evaluate whether juvenile understands their rights